Suddenly, you're facing a DUI charge. This moment can feel like a labyrinth you never thought you'd find yourself in, and it's only natural to feel the chill of worry creeping in. The stakes are high, with freedom, reputation, and even your livelihood teetering on the brink. But take heart; you're not without tools to navigate this storm. There are many strategies your DUI lawyer can use to help you find your way out of this legal storm.
Decoding the Validity of the Traffic Stop
Your initial bastion of defense is to dissect the justifications behind the traffic stop. Did the law enforcement officer have a legitimate cause to stop you? They need what is known as reasonable suspicion to make the stop. If a cloud of doubt hangs over this, your lawyer can challenge the constitutionality of the stop, potentially getting your case dismissed.
Contesting the Field Sobriety Examinations
During a DUI stop, law enforcement typically administers field sobriety examinations to establish a foundation for arrest. However, these tests are not always as accurate as they seem. Various elements, such as health conditions, physical impairments, or even an anxiety spike, can skew your performance. A competent attorney can throw these tests into question.
Questioning the Breathalyzer's Verdict
A DUI case often hinges on the evidence provided by a breathalyzer test. However, this device is not a perfect judge of guilt. Many factors can mar its accuracy, such as the device's calibration, the test's timing, and the officer's technique. In addition, specific medical conditions or certain foods can falsely amplify readings. Pointing out these inconsistencies can serve as a powerful defense.
Exploring the Rising Blood Alcohol Defense
Interestingly, alcohol doesn't rush into your bloodstream immediately. Therefore, it's possible your blood alcohol concentration (BAC) was on the right side of the law while driving but escalated to an illegal level when the test was administered. This concept, the "rising blood alcohol" defense, might open the door to charges being lessened or even dropped entirely.
Invoking the Necessity Defense
Lastly, in exceptional circumstances, you could make a case that you were compelled to drive to avert greater harm. This is known as the "necessity defense." It could come into play if, for example, you had to drive to evade an immediate and significant threat. While this defense is typically a fallback and heavily dependent on your individual circumstances, it can be an effective tool in the right situation.
Contact a local DUI lawyer to learn more.